INTELLECTUAL PROPERTY

                                 LAW FOR INTELLECTUAL

 

                           AN OBSERVATION BY   KALYAN KUMAR MAHATA (APU)      

A Revolutionary measuring steps for remedy for those persons who attend in a continuous process to supply the demand of enriching and fulfilling the emotional base of the layer of the mind is,somehow, not justified anywhere in the world. The United Nations Intellectual Property Protect  Act is accepted by many courts of justice. But the expression and explanation of the thinking of persons representing in public cost a huge acclaim if those are related with art, literature, invention, music, song, etc. in exchange with money and royalty the common man and woman or other person or institution pay for the value both to the owner and the Government wealth fund. The knowledge of intellect helps to build the career, to choose an occupation and make a professional. The Copyrights Act, the Patent Act and the Trademark Act conventionally regulate the resource, production and market proclaiming the penalties and offenses, sometimes, announcing remedial solutions to control the conflict between the aggression of acquiring the residual income value and the owner of the intellectualism capability for a new creation or to those persons who  produce things in a different way, that none had made before.

The unfair practices for duping, infringement, counterfeit need knowledge of tempering which is a low level of thinking comparing that who  first ever thinks. The intellectual capacity is divided by class distinctions through this method of illicitness considered as unauthentic. Trafficking, theft, transshipment, trade secret theft literally violate the Intellectual Property Rights Acts, at the same time, the activities of this type of crimes must deserve the highest level of thinking performance i.e. the breaching of security need more capability of mind power than that of the security provider, though the laws in the court could sue making proper judgement respecting the constitution. As a consequence, the law of IPR (Intellectual Property Rights) can not give much importance to the real thinker of better knowledge as it is not possible to show the proof of any witnesses and documents regarding the scientific limitation and boundary of infliction of  the  corporate (law) punishment,  probably to maintain the diplomacy and administrative ruling power for the greater cause of keeping national integrity and protecting the Internal Security of a boundary. 

The Patent Laws describe in the clauses of Patent Infringement 35 u.s.c.of 271; 281-297 of the U.S. Constitution for unauthorized making, using, selling or importing any patented invention. Remedies available in 35 u.s.c. of 283 of the U.S. Constitution, says "in exceptional cases, the court may award reasonable attorny fees to the prevailing party, 35, u.s.c. of 285.

Any controversy of cyberpiracy and cybersquatting in connection with Internet Domain Names, 15 u.s.c.of 1125(d), violating the nation's rule not in judiciary trial or a fleeing to another country for taking shelter is really critical to prove if there is no adequate intrinsic documents are produced before the jury. This type of person is not a simple hacker; rather than a great 'Intellectual Property Thief', an international criminal, according to the law of Cyberpiracy Protection for Individuals,15 u.s.c. of 1129.

A contractor of CIA (Central Investigation Agency) and National Security Agency, Edward Snowden, the fugitive, revealed some information sensitive to the state administration for the growth of mass production as well as economic sustainable indices. The revelation of the secret information and dealings with a regular basis task in various places, the employee of the security service unlawfully provides the common man and woman reality in the veil of the state policy. The 'whistleblower' runs for leaking the important documents published in THE GUARDIAN, again boosts the gross development of digital technology of an unwanted and malicious informative deed. He did not support the surveillance by the sub- contractors of the Govt. agencies. To defend the terror strike and protect the lives of the of the people live in the US, stared this suspicious penetration of surveillance to the privacy in Digital Electronic Usage after 26/11 strike, the proof is yet to be. 

The limitation of Intellectual Property Acts undoubtedly creates a lacuna in the school of law. As per the data collected by the inheritance users and owners of the natural goods from the traditional and ancestral aspects of view, the demand of the patent holder could not satisfy the law and order of the highest court and the United Nations ' Legal Office and the International Court in the Hague. Many a thousand of the natural products could not find any resolve to identify itself as a potential food or usable items all over the world. Not a single country, human race or company establishes self- acquisition of the license of the patent even in the present times, the distinguished natural product i.e. water is not under control fully by the patent law, though the package mineral water and natural resource water, processed water sold under the trademark. 

"Industrial property shall be understood in the broadest sense and shall apply not only to industry and commerce proper, but likewise to agriculture and extractive industries and to all manufactured or natural products, for example, wines, grain, tobacco leaf, fruit, cattle, minerals, mineral waters, beer, flowers, and flour".                                                                                                                                     
                  Article 1(3)

(A declaration in Paris Convention in 1883 for the protection of Industrial Property.)

DOMA

                   DEFENSE OF MARRIAGE    ACT

                          SAME - SEX MARRIAGE 

                              

                                 - KALYAN KUMAR MAHATA (APU)

Marriage equality or equal marriage marks a new milestone in the history of marriage registration act in the United States of America at the moment when the Supreme Court announce the legality of the age old controversial social issue in California . This is a recognition of social, political, human rights, civil rights, religious, debatable  and economical as well as  birth control issue in many populated countries. The cases started in 1996 at court after rejecting in District court, at that period the Supreme Court of  Hawaii granted to marry for gays and lesbians. 

The victory of the moral conscience of the eternal human loving truth and attitude gracefully acknowledges the need of conjugal life of same gender of human being without any biasness and conflict of standard partnership for living in the society. The other side of familial understanding would gloriously enhance the mutual social status of the followers of the gay(ism) and lesbianism, in a liberal way that effects in emotion of ups and downs of man and woman . At the same time the freedom of living together like in mess, hostel or ashram  copes up with a bonding of two minds rather than differently in the meaning of sex (oral, anal, gonado) and its gratification. Though the incidents are not revealed in public or legal ruling but  the allegations are lodged in the police station frequently and gradually it is forwarded to solve the stigma in the court. The long awaiting verdict certainly makes the couples mirthful in personal life. 

NPR's Nina Totenberg comments : 

The cases are United States v. Windsor and Hollingsworth v. Perry.

"One case tests the federal defense of marriage act, known as DOMA (Defense of Marriage Act). The law bars federal benefits to same sex couples who are married in states where such unions are legal. Those challenging the law contended that it unconstitutionally denies them the equal protection of the law and that it also violates the constitution by refusing to recognize state endorsed legal marriages. The second case from California, is an outright challenge to state  laws that bar same sex marriage. Same sex couples are challenging California's ban as a denial of their constitutional right to equal treatment."

President Mr Barack Obama said in a statement, the federal law "treated loving, committed gay and lesbian couples as a separate and lesser class of people." He also said the Supreme Court has "righted that wrong, and our country is better off for it."

The federal benefits given hetero- sexual married couples are extended to same sex married couples "swiftly and smoothly" with the proclaim by the Supreme Court.

In DOMA case , Justice Kennedy was joined by the four members of the court's liberal wing - Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor and Elena Kagan. Chief Justice John Roberts dissented, joined by Justices Scalia, Clarence Thomas and Samuel Alito.                (Source : WSJ)  

Chief Justice Roberts said, the ruling of the states to "continue to utilize the traditional definition of marriage."

Justice Kennedy said the Defense of Marriage Act "violates basic due process and equal protection principles application to the Federal Government."

The opponents of gay marriage, it is important to see now that they will be remain silent in the ruling path or with a anger to sustain the hidden truth of human attraction in the verge of self - suppression in a progression to prove themselves radical  avoiding the timeline of the countries of Europe, South America, Asia, North America, Autralia !

A DISCUSSION ABOUT GENE TEST

        INDIANIZATION OF ROYAL FAMILY OF BRITAIN

                (GLORIFICATION OF DNA TEST OF PRINCE WILLIAM) 

              A DISCUSSION  BY   KALYAN KUMAR MAHATA  (APU) 

 

A RESEARCH AT THE UNIVERSITY OF EDINBURGH, UNITED KINGDOM CLAIMS BRITAIN'S NEXT ELIGIBLE KING PRINCE WILLIAM HAS A LINEAGE HEREDITY RELATION TO INDIA. THE OBSERVATION OF GENEOLOGY  STUDY WAS DONE BY GENETICS EXPERT DR. JIM WILSON OF THE UNIVERSITY OF EDINBURGH WHO  DESCRIBED THE GENETIC LINK AS "UNASSAILABLE''. THE FAMOUS SCIENTIST OF BRITAIN DNA ALSO PROVED THE RESULT OF AT LEAST HALF INDIAN IN A DNA TEST FROM SALIVA SAMPLES. THE WOMAN WHO IS RESPONSIBLE FOR THIS INTERESTING AND EXCEPTIONAL RESULT IN GENETICS IS DUKE'S GREAT-GREAT-GREAT-GREAT-GREAT GRANDMOTHER ELIZA KEWARK, AN ARMENIAN. THEODORE FORBES, A SCOTTISH MERCHANT WORKED FOR EAST INDIA COMPANY IN WESTERN PART OF INDIA IN THE PORT CITY OF SURAT, WAS THE MATING PARTNER OF THE HOUSEKEEPER, ELIZA KEWARK DURING THE EIGHTEENTH CENTURY. THEIR CHILD KATHERINE'S DESCENDANTS ARE DIANA SPENCER WHO MARRIED THE PRINCE OF WALES AND FRANCES SHAND  KYDD WHO IS COUSIN OF PRINCESS DIANA'S MOTHER. PRINCE WILLIAM IS THE SON OF EX-PRINCESS DIANA SPENCER. 

                            THE GENE  LINE FLOWS IN MATERNAL SIDE THAT HELPS THE SCIENTIFIC RESEARCH TO ANNOUNCE BEFORE WILLIAM AND KATE MIDDLETON'S VISIT TO INDIA , THE PAST COLONIAL BASE OF THE BRITISH EMPIRE. IS THERE ANY NECESSARY DIPLOMACY TO PROVE IN ANY TYPE OF SCIENTIFIC STUDY TO BE SHOWN THAT THERE IS A TINIEST PART OF INDIAN INHERITANCE WHERE ELIZA WAS ARMENIAN, AN EUROPEAN DESCENT OR TO FIND OUT THE LINEAR RELATIONSHIP OF THE ROYAL FAMILY MEMBERS IN THE COMMONWEALTH COUNTRIES ?

 THE MITOCHONDRIAL DNA (mtDNA) TEST WAS DONE BY DR. JIM WILSON USING SAMPLES OF SALIVA WITH TWO OF ELIZA'S LIVING DIRECT DESCENDANTS, WHO ARE BOTH THIRD COUSINS OF PRINCESS DIANA'S MOTHER, FRANCES SHAND KYDD. BRITAINS DNA , A LEADING DNA RESEARCH INSTITUTE DISCOVERED TO CORROBORATE THE FINDINGS THAT THE TWO DIRECT DESCENDANTS WERE AROUND 0.3% AND 0.8% SOUTH ASIAN. THE REST OF THE PART OF THE DNA PROPORTION WAS OF EUROPEAN ORIGIN. IF ARMENIAN DESCENTS ARE REGARDED AS INDIAN HEREDITY, THE OTHERS VIZ. ADIVASIS, TRIBES WOULD BE CONSIDERED IN WHICH CATEGORY OF DESCENTS - INDIAN OR AFRO - EUROPEAN. 

DR WILSON SAID, "THIS WAS INDEPENDENT EVIDENCE THAT THERE WAS INDIAN ANCESTRY." 

"FOR ME, IT CORROBORATED THE FINDINGS FROM THE mtDNA. WE'VE GOT TWO DIFFERENT KINDS OF GENETIC EVIDENCE THATARE INDEPENDENT FROM ONE ANOTHER AND THEY BOTH CORROBORATE THE STORY." 

"SO IT REALLY SEEMS THAT OUR FUTURE KING HAS A LITTLE BIT OF INDIAN BLOOD."

WHAT IS THE DIFFERENCE BETWEEN THE IDENTICAL GENE AND THE POPULATION GENE ? THE ENVIRONMENT AND THE GEOGRAPHICAL CHANGES INVOLVE TO DIFFERENTIATE THE FLOW OF GENEOLOGICAL LINE OF ANCESTRAL ORIGIN. THE MIGRATION OF PEOPLE FROM ONE PLACE TO ANOTHER MARKS THE TRACE S OF GENEOLOGICAL COMPLEXITY. AFTER A LONG PERIOD, THE IDENTICAL GENE OF SOME INDIVIDUAL RESEMBLES TO THE REGIONAL STATE OF LIVING GENEOLOGICAL DIVERSITY AND THE CORRESPONDING. IN THIS WORLD, WITHOUT THE LINEAR BOUNDARIES AMONG THE COUNTRIES, THE SIMILAR FEATURES AND CHARACTERISTICS OF GENES ARE DIFFERENTLY OBSERVED AND DISCOVERED IN A LINEAR PROGRESSION BY THE EXPERTS. 

THE DISCOVERIES SOMEDAY WILL PROVE THE HEREDITY OF HUMAN BEING THAT WILL SHOW THE SIMILAR FEATURES OF GENE IN A WAY THAT THE COLOR OF SKIN (DERMIS) DOES NOT DIFFER THE CHARACTERISTICS OF THE GENE OF HUMAN BEING  BELONGS TO DIFFERENT COUNTRIES, NOT COMPROMISING WITH THE LIVING STANDARD AND RACIAL EFFECT. THOUGH THERE IS NOT ENOUGH ETHICS AND CLUES TO PROVE THE CREATION OF THE FIRST HUMAN BEING IN THE NATURE.  THE ELEMENTARY BIO- CHEMICAL COMPONENTS OF THE PHYSICAL BODY ARE SIMILAR TO ALL OF THE SAME CLASS OR RACE OF ANIMALS IN MOLECULAR BIOLOGY. THERE IS NO EXCEPTION FOR HUMAN BEINGS. IN MANY ASIAN AND AFRICAN COUNTRIES WITHIN A LIFE SPAN A CHILD BEARING WITH A WHITE OR BLACK SKIN GROWS IN LATER LIFE RESPECTIVELY BLACK, BRON OR WHITE CLAD. DOES THE GENE TRANSFORM ITSELF FOR ANY UNTOLD REASON ?  

HOW DOES GENETICS RULE OVER THE COUNTRY WISE SPECIALITY IN CHARACTER IN THE HIGHEST LEVEL OF STUDY AND RESEARCH? WHICH NATURAL ELEMENTS OCCUR THIS BIOLOGICAL METHOD OF PERPETUATION OR ANY ARTIFICIAL STATE OF ENVIRONMENT DOING THIS PROCESS OF DIFFERENTIATION HARMLESSLY ? THINKING DIFFERENTLY MAKES DIFFERENT, THINKING SAME THING IN A SIMILAR WAY IS THE STEP IN OR FORWARDNESS FOR UNIFICATION. THE GLOBALIZATION AND THE ACCEPTANCE OF THE PRODUCTS OF THE MULTINATIONAL PRODUCERS DO NOT PROVE THE HRERDITARY DIVISION OF MANKIND IN THE WORLD.


REFERENCES :
     
                             1. www.news.sky.com
                              2. www.dawn.com
                              3.www.washingtonpost.com

KUDCHI

                                           KUDCHI - Buch - Ham

                                         a research in traditional  heal

                                         (Holarrhena antidysenterica)           

                                       

                                         Kalyan Kumar Mahata (Apu)

Kudchi (kud-chi) is an Asian- African desiduous shrub. It belongs to Apocynaceae plant family. It is known as Bitter Oleander or Dysentery Rose Bay.  It generally grows in tropical Himalayan region and wild in the mountain ranges.  The ivory tree or kurchi is an Indian infertile land shrub with a bitter taste of its latex and bark, the flowers are  four petal small and white with a mystic essence of odour of its kind which is unmatched in any country in the sub continents. In ancient time body talc was made of kudchi flower ashes. That prevents skin rashes and makes smooth odourless body skin. 

 

 The kudchi is a  medicinal plant. The alkaloids present in the bark are - conamine, conkurchina, connessimine, kurchine, conarrhinine , holarrhinene, isoconcessimine etc. The 'Tellicherry Bark '(known in English) or connessi Bark  commonly known as KUDCHI OR KADA CHHUL. The name of kudchi is found in old manuscripts as KUTAJA BARK in Sanskrit. There are other names of kudchi, they are KALINGA and INDRAYAVA. The seeds (beej, muzi) are called Indrayava or Indra's seeds in Sanskrit. (In Malayalam kudchi is described as KUTAKAPPLA). The alkaloid of kudchi is conessive which is used for Diarrhoea. The latex or toxin of kudchi leaves are highly holistic treatment for mild cut, burnt and inflammation of dermis. 

 

 The BON KUD- CHI flower is cosidered as holy flower. The garlands of kudchi flower is unique for its appellation to the RADH-E region in India. The stick of the stem is said buch ham or toda where the flowers are bloom. The kudchi is also pronounced as kul-chi or kuichi that relates with wallawalleche <bol-chul>বো ল ছা ল , बो ल छा ल - the attitude (wallachian of Romania in central Europe where the plant is found and mojor plantation was there earlier now it is partly grown in Euro - African region) which is a knowledge seeking tour and travel for quench the thirst of ever asking questions and discover the diversity of nature and land.

STANDING OVATION - AN EXPERIENCE

                                   STREET SILENCE

 

                                                   KALYAN KUMAR MAHATA (APU)

In 1996, during the peaceful time in Midnapore, a small district town in West Bengal in India the traffic rule to the pedestrian amazes me. I was moved with anger and worried about the further caution measures taken by the local district police. During that period none of any high profile leaders or ministers resided there. Any red lamp lightened siren car passing by on the road was a hard test for public. A mandatory civic obedience to the administration compelled to follow with abusing precious time of someone.  No people could make any movement during the warning time. All must have to remain standstill with the same situation. Walking, plying the wheel on the road or any movement on the footpath was not allowed by the security men deployed.

I was caught in a situation with face to face patience skill. In the dusk i, along with my bicycle, was riding to attend a private tutor to solve a problem. Suddenly a khaki dressed man ran towards me with a lathi (rod) and stopped me. Before he could reach, I was asked to get down from from the cushion pillow. I just started walking to step forward along with my two wheeler pulling in the footpath. Immediately after that a police came and hurt my rear wheel with a rod like lathi and pushed me to stop with a harsh voice as i was standing beside the footpath on the road. I was anxiously eager to know about this unexpected fall out happened with me. There was no any single person waiting to give the answer for fulfillment my query. I was hurry for reaching my destination. No other way to reach there in this small town.

After a long time a white car embedded with a plate glossed " Medinipur Zilla Parisad" (rider was the presidential  member of the district members' council election) passed behind an escort van of police. I got relief for a moment though there was none to soften me with consolation. Looking around that place i left for to find a public toilet as i was bothered to stop forcibly.

I must obey the traffic rules. I respect the leaders but i do not expect the harsh situation amidst the hardest rule of remain standstill or immovable for a period not mentioned before for a local, regional or state level recognized persons.

TALA WATER TANK IN KOLKATA

THE LARGEST WATER TANK IN CALCUTTA - TALA   (A MYSTERY IN THE IRON BOX)

                                        KALYAN KUMAR MAHATA (APU) 
                                        

FEW YEARS AGO WHILE THE WATER TANK WAS CHECKING AND CLEANING FOR GOOD FOR HEALTH OF THE CALCUTTAN (NOW KNOWN AS KOLKATA) AS IT WAS ONE OF THE LARGEST WATER TANKS IN THE WORLD WHICH SUPPLIES WATER A HUGE AREA IN CALCUTTA, TWO SKELETONS OF HUMAN BEING WERE FOUND BY THE ENGINEER OF STEEL FRAME CONSTRUCTION. 

THERE WAS NO ANY TYPE OF EVIDENCE WHOSE BODIES WERE DECOMPOSED INTO THE CONFINED TANK  FROM WHICH PEOPLE OF CALCUTTA HAVE BEEN DRINKING AND USING WATER FOR GENERATIONS. 

THE WELL BUILT FRAME OF STEEL AND IRON IS NOT JUST FOR A MECHANICAL DREAM OF ENGINEERS BUT IT BECOMES A HEELING TOUCH TO MANY RESIDENCE OF CALCUTTA AS THE SUPPLYING WATER OF TALA WHICH BECOMES ALSO A NAME OF THE PLACE, CONSIDERED AS A HYGIENIC  AND SAFE SOURCE OF DRINKING WATER.

IT WAS A MYSTERY. THE SOLUTION IS NOT REVEAL ANYMORE. THE DEMAND OF INVESTIGATION IS ALSO NOT STRONG. AS A RESULT THE MEDIA REPORT CAN NOT MAKE A HALLABOL TO THE PUBLIC.  WHAT IS THE CAUSE OF THIS INCIDENT ? THE PROBALE CAUSE OF  FALLING THE BONES INTO THE TANK IS NOT TOLD. BUT THE COMMON VIEW WITH A PREROGATIVE ETHIC ONE MIGHT SAY THE BUILDER OR MECHANIC OF THE TANK WERE REMAINED CONFINE WILLINGLY OR UNWILLINGLY IN THE EMPTY TANK BEFORE IT WAS BLOCKED OR SEALED. THIS NOTION IS PRACTICALLY MORE ACCEPTABLE IDEA TO THE MOST OF THE SUPERNATURAL HAPPENING  INVESTIGATORS WHO SEEK THE TRUTH. 

SO THE QUESTION MAY ARISE WHO WERE THE PERSONS BENEATH THE TANK'S WATER. WHY THE MEMBER OF THEIR FAMILY COULD NOT REACH TO CULMINATION OF THE SENTIMENT OF LOSING THEIR KITH AND KIN OR THE COMPLAIN OF KIDNAPPING ? IS THERE ANY F.I.R. LODGED AGAINST THE CONSTRUCTOR COMPANY ? NOW IT IS TIME TO SEE WHO WERE THEY ?

CHHAINCH MUDA

      SAICH MOTERA - A GOTRA
                          
              

               Kalyan Kumar Mahata (Apu) M.A.

Saich Motera is a clan or 'gotra' in Indian sub continent in Asia. Saich is pronounced as choch and sahis means the horseman or horsewoman. Motera is similarly many of them belonging to this clan told as Methra, Mathura  and Mutra. The most common belief of this group is that the city of Mathura, the dwelling place and the palace of the Lord Krishna is their ancestral kingdom in north India. But  Motera town in  Gujrat state is also an acronym of this clan which is more authentic to many believers as the debris of  Mahergarh civilization is found near this place.

'Saich Motera' is a sub group of 'Mudar' or 'Mundar'. Their main habitation is north and north east India including south east Asia. The old Mandarin state with old Borneo was the origin of this clan. On the other hand some native language speakers also reside in west Asia and Pakistan , Afganistan and Arab islands. Many of them are converted into different clans to step forward in modernity by transforming themselves. 

The main followers of the clan 'Saich Motera' are belong to backward class in cultural and economical status in society. The undeveloped area in north and north east India including hilly region is the hide and seek place for many people. Farming land and artisan works of wood and house building etc. are the source of income of common people. Those who get proper education and guide now are working as professional job in Government and private sector companies in native land and abroad. 

The emblem of this category is related with animal and plant.  Spider, scorpion are some of the iconic animals. The teak, sal, mango (according to my knowledge, the origin of this tree - mangifera indica  is not so old, this tree is a product of hybridization) etc. The famous Tusu festival relating 'SanTusu' God or Goddess  to most of believers is one of the most celebrated house god but the 'Tusu' tribe in China is related as an acronym with this ancient festival of lamentation in  farewell to leaving the parental house for husband house that might be a thought provoking consciousness for the parents for their daughter's good  health  and adjustment in new environment. 

 The surnames used by this Kurmi sub caste are Mahato, Mahto, Mahanta etc. Besides many other titles are tagged as the last name. People belonging to this group are like many are neglected in society as a result with their own unconsciousness  including suppression by many periodical dynasty rule compel to forget the generation to generation information flow in the old member of the family. 

 

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